Dahl v. Hem Pharmaceuticals Corp.

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Jump to navigationJump to search
Dahl v. Hem Pharmaceuticals Corp.
Court U.S. Court of Appeals, 9th Circuit
Citation 7 F.3d 1399 (1993)
Date decided 1993

Facts

The plaintiff and 17 others filed suit against the pharmaceutical company. Plaintiffs enrolled in an experimental program to test a new medication, and received medicine as part of the testing procedure. After the tests were over, the defendant ceased to provide the plaintiffs with the medicine, when they had promised to do so at the beginning of the tests if they found the medicine was beneficiary.

Issues

Whether consideration is given when the parties participate voluntarily and are free to withdraw at any time.

Holding

Judgment for the plaintiffs.

Reasons

The plaintiffs incurred the detriment of being tested upon, which was sufficient consideration to support the finding of a binding contract.